1-1 By: Naishtat (Senate Sponsor - Moncrief) H.B. No. 2618
1-2 (In the Senate - Received from the House May 12, 1997;
1-3 May 13, 1997, read first time and referred to Committee on Health
1-4 and Human Services; May 16, 1997, reported favorably by the
1-5 following vote: Yeas 10, Nays 0; May 16, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to disciplinary proceedings and investigation of a
1-9 complaint against a social worker.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 50.021, Human Resources Code, is amended
1-12 by amending Subsection (a) and adding Subsection (c) to read as
1-13 follows:
1-14 (a) The board shall deny, revoke, [or] suspend, or suspend
1-15 on an emergency basis a license or order of recognition, place on
1-16 probation a person whose license or order of recognition has been
1-17 suspended, or reprimand a person with a license or order of
1-18 recognition for any of the following reasons:
1-19 (1) violating a provision of this chapter or a rule of
1-20 the board;
1-21 (2) circumventing or attempting to circumvent this
1-22 chapter or a rule of the board;
1-23 (3) participating, directly or indirectly, in a plan,
1-24 scheme, or arrangement attempting or having as its purpose the
1-25 evasion of this chapter or a rule of the board;
1-26 (4) engaging in unethical conduct;
1-27 (5) engaging in conduct which discredits or tends to
1-28 discredit the profession of social work;
1-29 (6) performing an act, allowing an omission, or making
1-30 an assertion or representation that is fraudulent, deceitful, or
1-31 misleading or that in any manner tends to create a misleading
1-32 impression;
1-33 (7) knowingly associating with or permitting or
1-34 allowing the use of any licensed person's professional services or
1-35 professional identification in a project or enterprise that the
1-36 person knows or with the exercise of reasonable diligence should
1-37 know is a practice that violates this chapter or a rule of the
1-38 board pertaining to the practice of social work;
1-39 (8) knowingly associating with or permitting the use
1-40 of a licensed person's name, professional services, professional
1-41 identification, or endorsement in connection with a venture or
1-42 enterprise that the person knows or with the exercise of reasonable
1-43 diligence should know is a trade, business, or professional
1-44 practice of a fraudulent, deceitful, misleading, or dishonest
1-45 nature;
1-46 (9) revealing, directly or indirectly, or causing to
1-47 be revealed a confidential communication transmitted to the
1-48 licensed person by a client or recipient of his services except as
1-49 may be required by law;
1-50 (10) having a certificate or a license to practice
1-51 social work in another jurisdiction denied, suspended, or revoked
1-52 for reasons or causes the board finds would constitute a violation
1-53 of this chapter or a rule pertaining to the practice of social work
1-54 adopted by the board;
1-55 (11) having been convicted of a felony in an American
1-56 jurisdiction;
1-57 (12) refusing to do or perform any act or service for
1-58 which the person is licensed under this chapter solely on the basis
1-59 of the recipient's age, sex, race, religion, national origin,
1-60 color, or political affiliation; or
1-61 (13) committing an act for which liability exists
1-62 under Chapter 81, Civil Practice and Remedies Code.
1-63 (c) If the board suspends a license or order of recognition
1-64 on an emergency basis, the suspension is effective immediately.
2-1 The board shall provide an opportunity for a hearing to be held not
2-2 later than the 20th day after the date of the emergency suspension.
2-3 SECTION 2. Section 50.022, Human Resources Code, is amended
2-4 to read as follows:
2-5 Sec. 50.022. DISCIPLINARY PROCEEDINGS. (a) A proceeding
2-6 under Section 50.021 begins when a charge is filed with the
2-7 department and referred to the board in writing and under oath.
2-8 The charge may be made by any person.
2-9 (b) A person is entitled to notice and a hearing before the
2-10 State Office of Administrative Hearings before a sanction is
2-11 imposed under Section 50.021.
2-12 (c) Disciplinary proceedings and the appeals from the
2-13 proceedings are governed by Chapter 2001, Government Code. The
2-14 board by rule shall adopt a broad schedule of sanctions for
2-15 violations under this chapter. The State Office of Administrative
2-16 Hearings shall use the schedule for any sanction imposed as the
2-17 result of a hearing conducted by that office.
2-18 (d) A person whose license or order of recognition has
2-19 expired and who is found by the board to have violated this chapter
2-20 or a rule adopted under this chapter during the time the license or
2-21 order of recognition was unexpired is subject to a sanction under
2-22 this chapter. Subsections (b) and (c) apply to a proceeding
2-23 against a person under this subsection.
2-24 SECTION 3. Section 50.0222, Human Resources Code, is amended
2-25 by adding Subsection (d) to read as follows:
2-26 (d) The board may conduct an investigation of a complaint
2-27 and reach a decision as to the validity of the complaint regardless
2-28 of the status of the license or order of recognition of the person
2-29 against whom the complaint is issued.
2-30 SECTION 4. (a) This Act takes effect September 1, 1997.
2-31 (b) The Texas State Board of Social Worker Examiners shall
2-32 adopt rules for the emergency suspension of a social worker's
2-33 license or order of recognition under Section 50.021(a), Human
2-34 Resources Code, as amended by this Act, not later than December 1,
2-35 1997.
2-36 SECTION 5. The importance of this legislation and the
2-37 crowded condition of the calendars in both houses create an
2-38 emergency and an imperative public necessity that the
2-39 constitutional rule requiring bills to be read on three several
2-40 days in each house be suspended, and this rule is hereby suspended.
2-41 * * * * *